My wife and I live outside India and we got married in Kerala. We have been living apart for over a year and a half now and have mutually decided to file for divorce. I can travel to India to file the divorce petition but will be unable to travel for the divorce finalization due to job and visa related issues. My question is whether I can grant POA to a family member to represent me on the day the court announces the divorce decree or can this be done via skype or through any other electronic means? Any insight on my situation would be very helpful.
Hello,
For getting the mutual consent divorce you have to be present here in India on both the dates, POA in case of divorce does not work and acceptance of the POA is upon the discretion of the court. This can be done through skype,, only if such facility is there in the court in which you will be filing the case.
If booth of you are living in US then you may take divorce by mutual consent in US also and the same will be a valid order in India.
Regards
Dear client,
Mutual consent divorce can be file through POA and if needed court will record statement through skyp and in mcd this not required. POA sufficient.
You can very well give POA to your close relative to represent you before court during the second motion hearing and you can depose evidence through video conferencing facilities from the place where you reside.
There's a supreme court ruling in this regard hence you need not be worried about it.
In fact for mutual consent divorce you need not wait for 6 months for the second motion.
You can file a joint affidavit along with her within a week from the date of filing this mutual consent divorce seeking to waive 6 months waiting period so that you need not have to be bothered about POA and Skype or video conferencing arrangements at a later date.
You can complete everything at one stroke and get relieved once for all.
You can execute POA in favour of family member
2) your virtual presence through Skype is sufficient
3) family court would pass divorce decree dissolving your marriage
Hi,
you have not mentioned the exact place where you will be filing for Mutual Consent divorce in Kerela. Some of the Family Courts have facility for online hearing in Mutual Consent Divorce matters though you'll have to submit final documents notarised from the country you're presently staying. Your lawyer will have to move an "application for online hearing" in the concerned court on the date of final hearing to take permission of the court. after getting permission, the lawyer has to provide through online facility (mobile/laptop) for your presence before the court / counsellor and the other party (your wife) will have to identify you. POA is not acceptable in your case.
Thank you for your answers. My follow-up question is, if we mutually decide to get divorced in the US, will this create problems for either one of us in India later at any stage? We do not have any children.
No, this will not create any problem later.
regards
Divorce by mutual consent passed by US courts would be valid in India
you can file petition in family court in India under section 7 of family courts act for declaration that marriage is dissolved by US divorce decree
The divorce petition is in the form of affidavit, which is to be submitted to the family court. After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months.
After six months the parties have to present themselves again in the court for making a second motion confirming the mutual consent filed earlier. It is only after this second motion that a decree of the divorce is granted by the court.
The mutual consent divorce with both the parties to the marriage participating in the divorce proceedings held in a foreign country is held as valid divorce in India.
You need not worry about any other issue in this regard in future.
Hi,
Mutual Consent Divorce decree granted by a foreign court is legal, valid and binding in the Indian courts.
Sir you can give POA to your relative and then an application can be filed before the court to record the consent vide video conferencing.If the court allows which certainly it will you can record the motion by conferencing.
No if it is mutual divorce in US that will not create problem it will be valid. And a declaration of same through POA can be filed in India.
Having a mutual divorce in United State will be a good idea and you can file a divorce petition mutually in India to get the divorce decree from US to rectify by the Indian family court this is an easy process and will not take lot of time.
Normally once or twice you have to appear before the court and you will get your ratified divorce decree
Mutual consent divorce decree of foreign court valid in India.
married in India as per the Hindu laws. you can only get divorced in India. an MCD is possible but you have to remain present at the second motion. it can be exempted by the judge in case of extraordinary circumstances like yours and a video conferencing is an option but it is an option at the discretion of the judge.
but the divorce can be obtained in usa if both of you accept the jurisdiction of the foreign court.
the decree obtained in USA has to be executed in India in order to take effect
regards
if obtaining a divorce in the US if you both are present and accept the jurisdiction of the District court in the US a divorce can be obtained and it would be a valid decree in India.
regards
1. No. On the day of the second motion, both of you shall have to appear before the Magistrate to submit that both of you still want divorce.
2. Such submission after the coollinbg off period can nbot be made by your POA holder.
1. You have married in India s per Indian Law for which yiou shall have to avail the decree of divorce in India as per the same law/Act.
2. You can get the decree of divorce on mutlally agreed grounds but that will not be accepted by Indian Courts unless the said foreign decree validated by appropriate District Judge in India.
3. If the foreign decree of divorce is not validated in India then both of you shall be considered as legally married couple in India and any of you can claim the relationship and its associated benefits on a later date.
If you both file for mutual divorce in USA then foreign divorce decree is valid.
Dear Querist
if both of you are in US then it will be better to file divorce by way of mutual consent in US Court and that Divorce decree will be valid all over the world and there will be no problem because this divorce will be valid in India as per section 13 & 14 of Civil procedure Code-1908.
Divorce can be filed and completed by way of POA.
Feel Free to Call
Dear Sir,
The following information may kindly be read.
If a Non-Resident Indian (NRI) married in India wants a mutual consent divorce, then he/she can do so by filing a petition in India or in the country where both of them are residing. The Indian law provides for this exception of filing a divorce in another country.
It says that a petition can be filed within the jurisdiction of the courts of which the parties to the marriage last resided.
The residence or the matrimonial home of the NRI couple will be a foreign country. Thus, the couple can file for a divorce petition either in India or in such foreign country.
Filing for Divorce in a Foreign Country
When a couple decides to file a divorce petition in a foreign country, they do so on the basis of the power given to them under the Indian law. The petition for mutual consent divorce will have to be made in accordance with the laws of the country in which the couple resides. The Indian laws will not apply to the foreign courts. The foreign court will then pass a decree recognizing the divorce in accordance with their procedure.
Yes you can grant a POA to a family member to represent you in the Divorce proceedings. You will have at the time of the filing seek permission of the Court to be allowed to be represented through a POA. Alternatively in light of the SC Judgement waiving of the cooling period, you can, when you are in India for the filing, attempt to have the 6 months waived of.
If you do decide to get divorced in US, it might create slight hurdles for the party who desires to wed again in India as the US Decree will have to first be executed in India for the Divorce to be valid here.
